If you and your spouse are going through a divorce, the most inexpensive and convenient option will be an uncontested divorce. Although it’s easy to get this confused with a no-fault divorce, the two are actually completely different. Here’s what you need to know about going through an uncontested divorce in Brooklyn and how an uncontested divorce lawyer could guide you through the process.
How Uncontested Divorce Works
As the name suggests, uncontested divorce is when you go through a divorce, and both you and your soon-to-be ex-spouse agree on all the terms. To comply with New York divorce law, you or your spouse will need to swear under oath that there has been at least six months where your marriage has broken down, and that all potential divorce issues have already been agreed on.
What makes an uncontested divorce different than a no-fault divorce? Contested and uncontested refer to whether the spouses involved in the divorce agree on its terms. A no-fault divorce is when neither spouse is considered at fault for why the divorce has occurred. No-fault divorce is the most common type of divorce in the United States, and every state allows no-fault divorces at this point. However, in a no-fault divorce, the spouses could still disagree on the terms, which means a no-fault divorce could be a contested divorce.
An uncontested divorce is the best option if you and your spouse can agree on everything, as it’s the fastest and cheapest type of divorce. But the two of you do need to agree on everything, because if you need to go to court to resolve anything, then it would no longer qualify as an uncontested divorce.
Areas to Sort Out for an Uncontested Divorce
So, you know that you and your spouse will need to agree on all the terms of the divorce to have an uncontested divorce, but it’s also important to know what those terms are so that you don’t forget anything. The exact terms of the divorce will depend on the circumstances around your marriage, but here are the most common areas you and your spouse may need to sort out:
Depending on the assets involved, each spouse’s respective salaries and whether children are involved, there can be quite a bit to figure out for a divorce. It’s important for you and your spouse to take your time and come to a solution that satisfies you both.
You may want to talk to a divorce attorney about the agreement you and your spouse have come to before you go through with the uncontested divorce. Although uncontested divorce is the easiest way to go, you still don’t want to come to an unbalanced agreement that favors your spouse over you.
How a Divorce Attorney Can Help
There is, of course, paperwork that needs to be filed for a divorce to go through, and everything must be filled out correctly for this paperwork to be valid. A divorce attorney can prepare your uncontested divorce paperwork and file it for you, getting you through the divorce process as smoothly as possible.
You’ll need to pay a flat rate for this service, and there are also filing fees for the court. The rate you pay to your attorney will depend on the complexity of your uncontested divorce – even though you’re sorting out everything with your spouse, it still takes an attorney more time to file your uncontested divorce if it involves children and property than if it doesn’t.
Keep in mind that you’ll only get the uncontested rate through your attorney if they’re filing your divorce without any court time. If you and your spouse disagree on something at any point and need to go to court, then it will be considered a contested divorce, both by the court and by your attorney. If you can handle everything uncontested, you and your spouse will pay much less that way.
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